United Capital Corp -v- Bender and Ors 22-Mar-2006 [2006] JRC 045 (22 March 2006)

United Capital Corp -v- Bender and Ors 22-Mar-2006 [2006] JRC 045 (22 March 2006)

The balance of prejudice now favors the Plaintiff because the Defendants have had full opportunity to challenge jurisdiction and injunctions, the Court has found a risk of dissipation, and disclosure is necessary to police the injunctions; therefore, the stay on disclosure orders should be removed.

Citation
[2006] JRC 045
Parties
Plaintiff: Plaintiff (not named); Defendant: First Defendant (not named); Defendant: Fourth Defendant (not named)
Jurisdiction
Jersey
Judgment Date
22 March 2006
Procedural Posture
Civil / Interlocutory Application Regarding Stay of Disclosure Orders Pending Appeal
Outcome
Stay on disclosure orders removed; Defendants ordered to make disclosure by 31 March 2006.
Legal Topics
Freezing Orders, Disclosure Orders, Stay of Proceedings, Forum Non Conveniens, Judicial Discretion
Civil Procedure Injunctions Freezing Orders Disclosure Orders Stay of Proceedings Forum Non Conveniens Judicial Discretion

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Parties

Plaintiff (not named)

Plaintiff

First Defendant (not named)

Defendant

Fourth Defendant (not named)

Defendant

Procedural Posture

Civil / Interlocutory Application Regarding Stay of Disclosure Orders Pending Appeal

Legal Issues

  1. 1 Whether the stay on disclosure orders ancillary to freezing orders should continue pending appeal
  2. 2 Whether the balance of prejudice favors the plaintiff or defendants regarding disclosure
  3. 3 Whether the appeal would be rendered nugatory absent a stay

Ratio Decidendi

The balance of prejudice now favors the Plaintiff because the Defendants have had full opportunity to challenge jurisdiction and injunctions, the Court has found a risk of dissipation, and disclosure is necessary to police the injunctions; therefore, the stay on disclosure orders should be removed.

Court Disposition

Stay on disclosure orders removed; Defendants ordered to make disclosure by 31 March 2006.

Orders

  • Defendants must make disclosure of assets by 31 March 2006.
  • Disclosure to be followed by affidavit within ten working days thereafter.